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Kirby Vs. Illinois
Cites for this judgment
- US Supreme Court
- Jun 07, 1972
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U.S. 682 (1972) U.S. Supreme Court Kirby v. IllinoisSearch
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U.S. 682 (1972) Kirby v. IllinoisSearch
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conviction was upheld on appeal, the appellate court holding that the per se exclusionary rule of United States v. WadeSearch
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U. S. 218 , and Gilbert v. CaliforniaSearch
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and an opinion in which THE CHIEF JUSTICE, MR. JUSTICE BLACKMUN, and MR. JUSTICE REHNQUIST join. In United States v. WadeSearch
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He was cross-examined at length regarding the circumstances of his identification of the two defendants. Cf. Pointer v. TexasSearch
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U. S. 400 . The jury found both defendants guilty, and the petitioner's conviction was affirmed on appeal. People v. KirbySearch
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admission of Shard's testimony was not error, relying upon an earlier decision of the Illinois Supreme Court, People v. PalmerSearch
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Id. at 388 U. S. 222 . It follows that the doctrine of Miranda v. ArizonaSearch
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In a line of constitutional cases in this Court stemming back to the Court's landmark opinion in Powell v. AlabamaSearch
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attaches only at or after the time that adversary judicial proceedings have been initiated against him. See Powell v. AlabamaSearch
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White v. MarylandSearch
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Massiah v. UnitedSearch
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Court Page 406 U. S. 689 has recently held that it exists also at the time of a preliminary hearing. Coleman v. AlabamaSearch
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or arraignment. The only seeming deviation from this long line of constitutional decisions was Escobedo v. IllinoisSearch
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Johnson v. NewSearch
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important for purely practical purposes, the Court has limited the holding of Escobedo to its own facts, Johnson v. NewSearch
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See Powell v. AlabamaSearch
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Spano v. NewSearch
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Emphasis supplied.) Simmons v. UnitedSearch
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forbids a lineup that is unnecessarily suggestive and conducive to irreparable mistaken identification. Stovall v. DennoSearch
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Bean's conviction was reversed. People v. BeanSearch
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of Wade and Gilbert to pre-indictment confrontation has severely divided the courts. Compare State v. FieldsSearch
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Perkins v. StateSearch
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Buchanan v. CommonwealthSearch
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State v. WaltersSearch
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S.W.2d 817 (Mo.), with United States v. GreeneSearch
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Rivers v. UnitedSearch
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Commonwealth v. GuillorySearch
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People v. FowlerSearch
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Palmer v. StateSearch
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People v. HuttonSearch
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Commonwealth v. WhitingSearch
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Hayes v. StateSearch
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Therefore, I join in the plurality opinion and in the judgment. Cf. Coleman v. AlabamaSearch
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Consequently, the question in this case is whether, under Gilbert v. CaliforniaSearch
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Id. at 388 U. S. 273 . I would apply Gilbert and the principles of its companion case, United States v. WadeSearch
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U.S. Supreme Court Kirby v. IllinoisSearch
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of United States v. WadeSearch
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and Gilbert v. CaliforniaSearch
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In United States v. WadeSearch
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Cf. Pointer v. TexasSearch
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